NEWSReport No. CS 97-26    CABLE SERVICES ACTION           October 14, 1997

                             CABLE SERVICES BUREAU PREEMPTS RESTRICTIONS ON THE USE OF OVER-
THE-AIR-RECEPTION DEVICES IMPOSED BY THREE HOMEOWNER 
ASSOCIATIONS
     
     The Cable Services Bureau has preempted restrictions imposed by three homeowner
associations on the installation and use of satellite dishes, television antennas and wireless
cable antennas.  In separate orders deciding petitions for declaratory ruling filed by
homeowners from San Antonio, Texas, Potomac, Maryland and McCormick, South Carolina,
the Bureau found that the restrictions did not comply with the Commission's rule ("Rule")
regarding over-the-air reception devices, which implements Section 207 of the 1996
Telecommunications Act.  The Rule prohibits governmental and private restrictions that
impair the ability of antenna users to install, maintain, or use satellite dishes and wireless
cable antennas that are one meter or smaller in diameter and television broadcast antennas
unless justified by safety or historic preservation considerations.  These are the first orders
addressing restrictions imposed by homeowner associations.  Previously, the Bureau
preempted a Meade, Kansas local ordinance which impermissibly restricted installation and
use of satellite dishes and other antennas covered by the Rule. (In re Star Lambert et al.,
DA-97-1554, released July 22, 1997.)

     In the first of the three orders released today, C.S. Wireless (d/b/a/ OmniVision of
San Antonio) petitioned the Commission for a ruling on restrictions imposed by Northampton
Property Owners Association.  OmniVision is a multichannel multipoint distribution services
(MMDS) provider of wireless cable service in the San Antonio, Texas area.  Wireless cable
antennas operate on line-of-sight contact with the transmitter or repeater.  The OmniVision
order (DA  97-2187) holds that Northampton's outright prohibition of externally installed
wireless cable antennas is not justified by either safety or historic preservation and is
prohibited by the Rule.

     In the second order, Jay Lubliner and Deborah Galvin, homeowners in Potomac,
Maryland, petitioned the Commission to preempt a restriction imposed by Potomac Ridge
Homeowners Association that prohibits externally mounted television broadcast antennas.  
Mr. Lubliner and Ms. Galvin alleged they could not receive acceptable quality reception if
their antenna was installed inside their attic, as required by the Association.  In this order
(DA 97-2188), the Bureau finds that the Potomac Ridge restriction against externally
mounted television antennas is prohibited and unenforceable because the Association did not
meet its burden to show that its restriction does not impair reception.


                                  -more-
     In the third order, Michael MacDonald, a homeowner in McCormick, South Carolina,
petitioned the Commission for a ruling on restrictions imposed by the Savannah Lakes
Property Owners Association.  The MacDonald order rejects Savannah Lakes' assertion that
it is exempt from the Rule because it is near a Paleo-Indian archeological site.  The order
(DA 97-2189) preempts Savannah Lakes' permit and prior approval requirements because
they impose unreasonable delay on antenna installation in violation of the Rule.  The order
also finds that Savannah Lakes' requirement that antenna users hire an installer solely to
certify that installation in the Association's preferred location would interfere with reception
imposed unreasonable expense.  Finally, the order preempts Savannah Lakes' placement
preferences, screening and camouflaging requirements, and its threat to deny community
privileges on the basis that they conflict with the Rule's prohibition of restrictions that
impose unreasonable cost or unreasonable delay or prevent antenna installation, maintenance,
or use unless necessary for safety or historic preservation considerations.

     Action by the Chief, Cable Services Bureau,  October 10, 1997, by Orders (DA 97-
2187, DA 97-2188, DA 97-2189).  

                                  --FCC--

News Media Contact: Morgan Broman at (202) 418-2358
Cable Services Bureau Contacts: Nancy Markowitz, Eloise Gore at (202) 418-7200